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U.S. v. HAYDEN

No. 00-16042.

255 F.3d 768 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Alfonso HAYDEN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 25, 2001.

Attorney(s) appearing for the Case

Kenneth D. Noel, of San Francisco, California, for the defendant-appellant.

John W. Kennedy, Assistant U.S. Attorney (argued), Robert S. Mueller, III, U.S. Attorney for the Northern District of California, J. Douglas Wilson, Chief, Appellate Section, of San Francisco, California, for the plaintiff-appellee.

Before: DIARMUID F. O'SCANNLAIN and WILLIAM A. FLETCHER, Circuit Judges, and ROBERT J. KELLEHER, District Judge.

Argued and Submitted April 12, 2001 — San Francisco, California

Opinion by Judge O'Scannlain.

OPINION

O'SCANNLAIN, Circuit Judge:

We must decide whether a conviction "set aside" pursuant to the California probation statute is an "expunged" conviction under the United States Sentencing Guidelines.

I

In a superseding indictment filed in the Northern District of California on August 27, 1991, the government charged Alfonso...

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